


THE SOKOVIA ACCORDS - AND WHY THEY MAKE NO SENSE (TO ME)

by PenUltimate



Category: Captain America (Movies), Captain America - All Media Types, Marvel (Movies), Marvel Cinematic Universe
Genre: Essay, Fandom Meta - Freeform, Gen, Meta, Sokovia, Sokovia Accords
Language: English
Status: Completed
Published: 2016-12-05
Updated: 2016-12-05
Packaged: 2018-09-06 11:56:08
Rating: General Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 1,597
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/8749864
Author URL: https://archiveofourown.org/users/PenUltimate/pseuds/PenUltimate
Summary: Exactly what it says on the tin.





	

**Disclaimer:**  I am studying law, but I’m no expert, guys. Most of this is just my own personal opinion. Which I will back up with as much research, facts and references as I can but, y'know, even the devil can quote scripture. 

**Invitation:**  If there is anything you disagree with or want to correct, argue with or talk about, let me know! I welcome any discussion on this topic, and I think the discourse has the potential to be fascinating! 

 

I will confess, first, that the title is slightly misleading. The Sokovia Accords  _would_ make a little sense – if we weren’t seeing it from the point of view of the USA. Which, in a Captain America movie, we obviously are. To clarify: it’s mainly baffling to me that this is all happening, because the US is ratifying the Accords. If it were another country, it’d be much more understandable. I’ll explain why later on.

But in this little essay, I don’t want to simply disregard the entire existence of the Accords, I want to try and  _understand_ where they’re coming from and how they came to be, and perhaps discuss a few of the flaws which I perceive to be present in them.

 

                                                                

 

                   [[ **In accordance with the document at hand, I hereby certify that the below mentioned participants, peoples, and individuals, shall no longer operate freely or unregulated, but instead operate under the rules, ordinances and governances of the aforementioned United Nations panel, acting only when and if the panel deems it appropriate and/or necessary.**](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.cinemablend.com%2Fnew%2FCaptain-America-Civil-War-What-You-Need-Know-About-Sokovia-Accords-97767.html&t=ZThiMTU4OTk5ZmQ5YjFmOTg0ZGMwNTYyYjFiNjdmZjdkMWU0NTYwZSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)]

Let’s address the name first. “[ **Sokovia** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fmarvelcinematicuniverse.wikia.com%2Fwiki%2FSokovia&t=NmY5ZjkyZTI4ZTRhZDU0OGNhMGQ2OWFlODM4NThhMjQ1NDU0M2MzYyxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) ” is a fictional country in Eastern Europe. Russia is also in Eastern Europe. That may or may not be an influencing factor in signing the Accords. The USA and Russia do have a [ **fairly fraught history** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fwww.britannica.com%2Fevent%2FCold-War&t=M2YwNDVhMmZmNzQ5YjQzOTllMTJkZTgzYjNhNTRjZGE0MWY2NmQxZSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1). 

Then we have the word “Accords”. Strange choice. [ **Most accords** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FAccord&t=ODMxZDIwNzY1MzZlOTI3MWNkMzBkZGYxYzhmODJmZTdjYmNjOGEwZSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)  have either involved peace or money. “Framework for the Registration and _Deployment_ of Enhanced Individuals” does not sound like the most peaceful thing to me. And “Accord” is still a rarely used word. So like I said, strange choice.

Apparently, the Accords were drafted by the UN? Which, okay, it can take [ **decades** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FDeclaration_on_the_Rights_of_Indigenous_Peoples%23Negotiation_and_adoption&t=OGJjMWQ0YmNhMDI1YzNlNjQ3YTFjNDYwM2JiMTQxNzY5MWNhOTM3OCxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) for international treaties to be negotiated, but apparently not this one.

The Security Council that Pierce was on is reminiscent of the [ **U.N. Security Council** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.un.org%2Fen%2Fsc%2F&t=OWYwZDM2OGRjYmZhYTIzYTQyNDQxOTBhZTFkOWViMzMzOTNiMjhiYyxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) . And that’s the part of the UN that would probably be “in charge” of the superhumans/inhumans. Or they may want to set up a whole new committee to be in charge of that (the “panel” that’s mentioned in the page the Avengers are asked to sign). But the U.N. Security Council would probably “oversee” the decisions of that panel, since maintaining international peace and security are  [ **within their remit** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.un.org%2Fen%2Fsc%2Fabout%2Ffunctions.shtml&t=NmE0YzZhM2RhYTMwNzQ4YjU5OGJhNmNiNWJkZjRmYjQyNDVmZGU5MSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1). 

But the main issue I have with the premise of the film is that the USA rarely signs or ratifies international treaties.

In fact, they’re [ **slightly notorious** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fforeignpolicy.com%2F2012%2F05%2F17%2Famerica-the-exception-7-other-treaties-the-u-s-hasnt-ratified%2F&t=ZTQxZWJiNmVkYjY5NWI4Y2NkYWFhZjRjMTFmM2FkNjk4NDdjMmVjZixKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)  for it. There’s even a [ **Wikipedia page** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FList_of_treaties_unsigned_or_unratified_by_the_United_States&t=ZjRhZTcxYWJjNzE2YTNlN2FiNGIyZmI1OTEwODlmMWYzZTllYmQ4NixKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)  on it. The U.S. of A. has [ **refrained from signing or ratifying many pretty important international treaties** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fwww.hrw.org%2Fnews%2F2009%2F07%2F24%2Funited-states-ratification-international-human-rights-treaties&t=MjFiMDQ5OTk5OGU3MjU2OTg0YjZkNzA2YWE4MTAwM2IwMDI4YzYwYSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) , (particularly as of late). That appears to partly be due the wish to [ **not to compromise the sovereignty of their country** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fheritageaction.com%2F2012%2F12%2Fu-n-disabilities-treaty-undermines-u-s-sovereignty%2F&t=N2EzMDdmYjMyYTAxZGI4NzcwYTBiZTVmOWVhYWQ2YjhkNDc2NTY2MyxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) , or to be [ **beholden to international instruments and courts** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D7G4eBqBT1hk&t=YTViYmVmMTZkYWJmZGFhZmJjNzdiOTJlMmU5OGRhZWE0MGY2MjM3YSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) , and also because they [ **don’t want to be interfered** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.politico.com%2Fgallery%2F10-treaties-the-us-hasnt-ratified%3Fslide%3D0&t=ZjE2YWJlMjlhMjg1MDZjYjg3ZTRlOTZiZTA2MDE5ZThhMzRlZjA2NyxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)  with by other countries (brave opinions indeed, for a country who also [ **does** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FUnited_States_invasion_of_Afghanistan&t=MzQwY2M0NjllMzdhODEyZTFkNTIzMzBkYWMwYWYwN2UwYzQ3NTljOCxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) [   **this** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2F2003_invasion_of_Iraq&t=Yzc1YTEyNTQ0NzVhOThiOTI3NWVmOGMyNzUxMGRlNDI1YjhkMTIzMCxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)). Sometimes, America will sign, but due to opposition within Congress, they don’t often actually get to the ratification stage.

Most of the treaties the U.S.  _does_ ratify appear to be either internal ( [ **between the government and Native Americans** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FList_of_United_States_treaties%23U.S..E2.80.93Native_American_treaties&t=ODRkOGVhZjY1OGQwZDg1OTRlZjM5NjkxMTQyNmEyZTY5MjdiZDE4MixKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) , for example), or only involving usually one other state party, sometimes four or five. Yet, Marvel is telling me that [ **117 nation states have ratified it** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fmarvelcinematicuniverse.wikia.com%2Fwiki%2FSokovia_Accords&t=MWIyMmQ4ZmU0MmU3MGQ5YzA2ODc2ZDA0YmY4NDk5YzA1NWEwY2E0NyxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) ? I find it highly unlikely that they would have so many  _ratifying_ countries on such a divisive issue.

But not quite as unlikely as a Norse god being banished to this planet. So, I guess I won’t hold the fact that this is unrealistic against the Russo brothers.

Now, for the actual  **content** of the Accords. You see, I was afraid that what  _has_ happened is what  _would_ happen – that is, that instead of explaining what’s  _in_ the freaking Accords, the movie would just keep dropping the buzzword “accountability” and no one would ACTUALLY READ THE DAMN THING AND EXPLAIN IT TO US (no way did any of them actually manage to read the whole thing in such a short space of time, except perhaps Tony who knew about the Accords in advance). So, that leaves us with guesswork. (Although, in fairness, they explained it far better than I feared they would. But that’s not saying much).

So, onto the word I have been dreading: “ _accountability_ ”. This one word is the main piece of information we have to go on in relation to the provisions in the accords. Along with “oversight” and “the Avengers will not act without permission from the UN”, it’s as close as we get to an explanation for the purpose of the Accords and the principles behind it.

That leaves the question:  _Why_ ? Why on Earth would America want to be accountable for anything? Or for their greatest potential weapons to be accountable for anything? How many times has the US been [ **accused of human rights violations** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fwww.theguardian.com%2Fworld%2F2009%2Fapr%2F16%2Ftorture-memos-bush-administration&t=MDc5YzEzYTQwYjRiY2FjZDljM2ZlN2U4Y2VhZTRmNWM0YTRlYWQxNSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) ? Or faced international condemnation for [ **entering other countries without permission** ](http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FWar_in_Afghanistan_%282001%25E2%2580%259314%29&t=NzZlNmY1ZGQzY2E5MzU3N2U3MGRkMGMxMGVhYWQ0NmM1OThiOGY0OCxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)? And how many times has the US given a damn about either of those issues?

Why would the USA agree to ratify a treaty that would allow an international organisation control some of the most powerful people (or weapons) in their country?

It’s safe to say that for America to ratify the Accords, it’d have to be  __extremely_ _ beneficial for them, or they’d have to be under huge pressure from the international community (or from within their own nation). Probably both.

Due to the destruction at Sokovia, there may have been outcry about the threat superhumans pose to international security. The political backdrop to these Accords can be seen in the [**WHIH News segments**](http://t.umblr.com/redirect?z=https%3A%2F%2Fwww.youtube.com%2Fchannel%2FUCtJkDqZzoOFYbqwOIFn2Lng&t=MWNhYjgwODExN2YyOWRjMjg1ZDQzNzlmMGIzMzQ2Y2JjNGIxZjliYixKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) Marvel released. We can see that enormous pressure is being placed up President Ellis with regard to the incidents in Avengers: Age of Ultron.

But a lot of the superhumans who are being asked to sign the Accords are already within the USA’s jurisdiction (Steve, Tony, Sam, Rhodey, Clint, probably Natasha and Wanda at this point). Why would America hand over control of them to the UN instead of [ **using them themselves** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.livescience.com%2F12991-10-outrageous-military-experiments.html&t=ZWVjMmQwYjJlOGUzNjVjYzhiNGUzZmZkM2U3MmYyNDliODJjMzY2YixKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)?

The international community has [ **long been moving in the direction** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.un.org%2Fen%2Funiversal-declaration-human-rights%2F&t=YjE0OGJmYmFiOWU5OGRlZDU0N2Y2YzEwNTAwNTZlZmI1OTI3ZTI4MSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) of supporting human rights, and the US is a very strong nation, so it wouldn’t be difficult for them to negotiate their way into an extremely beneficial agreement, but… I would imagine that the USA would want to use superhumans to their benefit, not try to protect their rights – which is probably what the UN would want to do. Or pretend to want to do. The fact that both worked together on these Accords makes no sense to me. Surely they’d have different end goals?

 

                                                             

 [[ **The inhuman Outbreak from AoS**](http://t.umblr.com/redirect?z=http%3A%2F%2Fmarvelcinematicuniverse.wikia.com%2Fwiki%2FInhuman_Outbreak&t=ODg5OWJmZjZkNTM5OTY2MDc2MjIxMzQ0YzhmNmYzMjU2NGRhMjM5YSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1).]

 

Events in the Agents of S.H.I.E.L.D. may shed some light on the situation as the TV programme shows that [ **inhumans** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fmarvelcinematicuniverse.wikia.com%2Fwiki%2FInhumans&t=ZmYyY2ZjMDlhZDJiZDE3NTE2ZDUxMmMyNjIxYzU1NDEyOWZiNzY4NSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) are becoming even more of a global issue. As a result, there may have been even more calls for laws involving the regulation – and perhaps even control of – “inhumans” (as they are referred to in AoS).

On a side note, I think we all know that General Ross is pretty freaking creepy. I wouldn’t sign anything he handed me either. (But then, as a law student, I am generally not fond of signing things anyway).

                                                             

[[ **The cover actually says: “Framework for the Registration and Deployment of Enhanced Individuals.”** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fmoviepilot.com%2Fposts%2F3670064&t=Mzg4NDU2MDdhMjg0MDZkYTIwYjUzZTQzZDVmZGFiNDdjZmU0Nzg3OSxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)]

 

Also, that was quite a hefty document. I know legalese can sometimes be long-winded and that there would be many details that would have to be ironed-out about the process by which the UN-appointed council would approve any prospective actions by the Avengers, but the accords were way too dense for that to be the full story. My ECHR handbook is much smaller than that thing. So is my book containing ALL the EU treaties put together. AND the one with all of the UN Treaties. What the hell else is in that thing? Just how restrictive is this approval process going to be? Are they setting up an entirely new framework and division of the organisation? Even then, I doubt it’d be that dense, that thing is a fricking tome. The only legal documents I’ve seen that long are - guess what?

Contracts. And if that’s what they wanted the Avengers to sign? Some sort of military contract? That doesn’t bode well.

If I was Steve Rogers, I wouldn't have wanted to sign away my freedom either. But then, I'm not a soldier, so what do I know?

                                                            

[I haven’t even read that whole thing and it’s not that big. How would the superheroes in the film manage to get through the Accords without a legal dictionary?]

 

In the end, I guess my conclusion is… I spent way too long writing this thing and I loved the damn movie (even though it broke my heart a little bit).

 

**Other sources and further reading:**

[ **http://www.un.org/en/sc/repertoire/principles.shtml** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.un.org%2Fen%2Fsc%2Frepertoire%2Fprinciples.shtml&t=NTAwYTVkMzcyZTJkY2Q3NjkzY2U0YmI5NWFkN2YyOGFlMGFiYWQ4YixKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1)

[ **http://www.e-ir.info/2014/04/29/enforcing-international-human-rights-law-problems-and-prospects/** ](http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.e-ir.info%2F2014%2F04%2F29%2Fenforcing-international-human-rights-law-problems-and-prospects%2F&t=Yjc2MTQ2MzY4MmM2ZDRlMWEwMGJhM2EyYWVlODg1NjU1NWVjY2VlNCxKUlg0eWw2Sw%3D%3D&b=t%3AmtHtOT1-2VdHndnCAT4Q9g&m=1) 

_(I don’t agree with everything in the next two posts, but they’re an interesting read)._

[ **http://teatotally.tumblr.com/post/144240012830/the-accords-were-always-a-disaster-in-the-making** ](http://teatotally.tumblr.com/post/144240012830/the-accords-were-always-a-disaster-in-the-making) 

[ **http://laporcupina.tumblr.com/post/144002496434/cacw-the-reaction** ](http://laporcupina.tumblr.com/post/144002496434/cacw-the-reaction)

 

 


End file.
